Recent CBP NY Rulings
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
N331349: The tariff classification of a fireproof, water-resistant chest from China
| HTS: 6810.99.0080, 9903.88.03, free + 25%, “Articles of cement, of concrete or of artificial stone, whether or not reinforced: Other articles: Other: Other.” |
| Item: A chest comprised of a high density polyethylene casing, concrete fill, and a rubber seal around the inside of the lid. The chest features a carrying handle and a keyed lock. It is designed to remain fireproof for 30 minutes at 1550 degrees Fahrenheit and water resistant when submerged for up to 72 hours. |
| Reason: N/A |
| Ruling Date: March 30, 2023 |
N331643: The tariff classification of ARR Series Silver Spring Aluminum Roll-Up Ramps with Carrying Bags made in China
| HTS: 7616.99.5190, 9817.00.96, "Other articles of aluminum, other, other, other, other, other, other." |
| Items: Aluminum roll-up ramps with carrying bags. The ramps are available in two sizes. Each ramp is manufactured from high-strength, light weight aluminum and has a 600 lb. weight capacity. The Aluminum Roll-Up Ramps are principally marketed to and used by the chronically disabled. |
| Reason: The ramps are specifically designed for use by the handicapped for secondary classification purposes. The ramps satisfy the description set forth in Chapter 98, Subchapter XVII, |
| Ruling Date: March 30, 2023 |
N331669: The tariff classification of the Noorlander Menuett III, an electronic digital organ and bench from the Netherlands
| HTS: 9207.10.0055, 5.4%, "Musical instruments, the sound of which is produced, or must be amplified, electrically (for example, organs, guitars, accordions): Keyboard instruments, other than accordions…Other: with more than one keyboard: valued $200 or over each." |
| Item: An electronic digital organ and a bench. The organ features 3 keyboards with 5 octaves, 30 tone pedals, 50 wooden draw stops, a retractable 17’’ touchscreen control panel, 256 gigabytes of solid state drive storage, an external USB headphone connection, LED dimmable lighting on the pedals and music rack, upward pointing speakers with 6 audio channels, 2 woofers, 2 tweeters, 2 subwoofers, and a bench with adjustable height and storage space. |
| Reason: The electronic digital organ is constructed with 3 keyboards. |
| Ruling Date: March 30, 2023 |
N331246: The tariff classification of a coated upholstery fabric from China
| HTS: 5903.20.2500, 9903.88.03, 7.5% + 25%, "Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: With polyurethane: Of man-made fibers: Other: Other." |
| Item: A coated fabric with a faux leather-like appearance. The fabric has a polyurethane coating and is composed of 85% polyester and 15% cotton. The fabric weighs 460 g/m2. It will be imported in 35-inch widths and will be used for upholstery. |
| Reason: The backing of the coated fabric is considered to be more than for merely reinforcing purposes, as the fabric is of yarns of different colors. |
| Ruling Date: March 29, 2023 |
N331249: The tariff classification of two woven upholstery fabrics from China
| HTS: (1) 5407.61.9955, 9903.88.03, 14.9% + 25%, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of polyester filaments: Containing 85 percent or more by weight of non-textured polyester filaments: Other: Of yarns of different colors: Weighing more than 170 g/m2." |
| (2) 5407.53.2060, 9903.88.03, 12% + 25%, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of textured polyester filaments: Of yarns of different colors: Other: Weighing more than 170 g/m2." |
| Items: (1) A woven fabric of yarns of different colors. The fabric is of plain weave construction and is composed of 100% non-textured polyester filament fibers. The fabric weighs 275 g/m2. (2) A bonded fabric consisting of a woven face fabric bonded to a knit backing fabric. According to the information provided, the plain weave face fabric is constructed of yarns of different colors, weighs 265 g/m2 and is composed wholly of polyester textured filament yarns. The knit backing fabric weighs approximately 60 g/m2. The total weight of the bonded fabric is 320 g/m2. |
| Reason: (2) Based on the relative weights, quantity and design of the face and backing fabrics, we have determined that it is the face fabric which imparts this product with its essential character. |
| Ruling Date: March 29, 2023 |
N331332: The tariff classification of a woven textured polyester upholstery fabric from China
| HTS: 5407.93.2090, 9903.88.03 , 12% + 25%, "Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics: Of yarns of different colors: Other: Other: Other: Other." |
| Item: A woven fabric of yarns of different colors featuring a textured design. The fabric is of dobby weave construction, weighs 328 g/m2 and is composed of 95% polyester (of which 60%is textured filaments and 40% is staple yarns) and 5% nylon textured filament yarns. The fabric has a synthetic latex backing; however, this coating is not visible to the naked eye. You indicate this fabric will be imported in 54-inch widths and will be used for upholstery. |
| Reason: N/A |
| Ruling Date: March 29, 2023 |
N331587: A country of origin determination of paper file folders
| Country of Origin: Cambodia |
| HTS: 4820.30.0040, free, “Binders (other than book covers), folders and file covers: Other.” |
| Items: two similar top tab file folders |
| Reason: The parent rolls of paper from Vietnam or Japan are substantially transformed when they undergo manufacturing operations in Cambodia. |
| Ruling Date: March 29, 2023 |
N329344: The tariff classification of a narrow woven fabric and bolducs from Poland
| HTS: (1) 5806.32.2000, 6.2%, "Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Other.” |
| (2) 5806.40.0000, 8%, “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Fabrics consisting of warp without weft assembled by means of an adhesive (bolducs).” |
| Items: (1) “GW Woven Tape” is a woven fabric constructed of a woven fabric with a knit stitch selvedge on one side of the fabric. The filling yarn forms a loop on the edge of the other side of the fabric, giving it a finished edge. The sample is composed of 89.4% polyester and 10.6 % polypropylene. (2) “WG-Glued” consists of several yarns glued together. The individual yarns are twisted, but the 13 yarns are not twisted together, they are aligned parallel to each yarn and glued/coated together. The filament yarns are polyester fibers, and each fiber is of uniform length. The sample is composed of 92.7% textile and 7.3% coating. |
| Reason: N/A |
| Ruling Date: March 28, 2023 |
N331248: The tariff classification of a jacquard-woven upholstery fabric from China
| HTS: 5515.12.0090, 9903.88.03, 12% + 25%, "Other woven fabrics of synthetic staple fibers, of polyester staple fibers: Mixed mainly or solely with man-made filaments: Other. " |
| Item: A woven fabric of yarns of different colors. According to the information provided, the fabric is of jacquard weave construction, weighs 660 g/m2 and is composed of 65% polyester (of which 70% is staple fibers and 30% is textured filament yarns), 28% viscose rayon textured filament yarns and 7% linen/flax staple fibers. |
| Reason: N/A |
| Ruling Date: March 28, 2023 |
N331360: The tariff classification of a 2022 Daihatsu Hijet Mini Deckvan from Japan
| HTS: 8704.31.0120, 25%, “Motor vehicles for the transport of goods: Other, with only spark-ignition internal combustion piston engine: G.V.W. not exceeding 5 metric tons: G.V.W. not exceeding 2.5 metric tons”. |
| Item: A 2022 Daihatsu Hijet Mini Deckvan from Japan. As imported, this vehicle is equipped with two rows of seats for 4 passengers. In addition, the vehicle is equipped with an open rear cargo area with drop-down tailgate, a 658 cc spark-ignition internal combustion piston engine, and a Gross Vehicle Weight Rating of 1,430 kg. |
| Reason: N/A |
| Ruling Date: March 28, 2023 |